648.348 Course of training: Compliance with
established curriculum; failure to comply; request for exemption to conduct
course outside this State.

648.350 Course of training: Certification
of successful completion and qualification with firearm; issuance of certification
card; maintenance of certification; repetition of course and request for
exemption by certain persons; fees; duties of certified person.

NAC 648.110Definitions. (NRS 648.030)As used
in this chapter, unless the context otherwise requires, the words and terms
defined in NRS 648.006 to 648.016, inclusive, have the
meanings ascribed to them in those sections.

(Supplied in codification; A by Priv. Investigator’s
Lic. Bd., 11-13-85)

1. The Board will interpret the term
“private investigator,” as defined in NRS
648.012, to exclude a gaming licensee who maintains an employer-employee
relationship with:

(a) A natural person to act as a customer or client
of the gaming licensee to evaluate the service provided to actual customers or
clients of the gaming licensee by its employees;

(b) A natural person to act as a customer or client
of the gaming licensee to evaluate:

(1) The operational procedures of the gaming
licensee;

(2) The cleanliness of the property of the
gaming licensee; or

(3) The quality, availability and prices of
the goods and services of the gaming licensee; or

(c) A business entity, licensed pursuant to chapter 648 of NRS, to evaluate the
operational procedures and methods of prevention and study used by the gaming
licensee relating to the problems of gambling and the consumption of alcoholic
beverages by minors.

2. As used in this section, “gaming
licensee” means a holder of a nonrestricted gaming license issued pursuant to chapter 463 of NRS.

1. Prepare the agenda for the meeting under
the supervision of the Chair and considering the suggestions of the members;

2. Forward a copy of the agenda to each
member of the Board not later than 15 days before the scheduled date of the
meeting;

3. Give an account of all money received by
the Board at each meeting;

4. Keep a record of each meeting and make
copies of the minutes available to each member of the Board; and

5. Preserve the record of each meeting as a
state record.

[Priv. Investigator’s Lic. Bd., eff. 11-12-69]—(NAC A 4-22-93)

LICENSING

NAC 648.215“Corporation” defined. (NRS 648.030)For the
purposes of NAC 648.215 to 648.330,
inclusive, the term “corporation” includes a limited-liability company and a
foreign limited-liability company.

1. If an applicant is a corporation, a
background biography and a standard Federal Bureau of Investigation fingerprint
card for each of the three principal officers of the corporation must be
submitted with the application.

2. If the applicant is a corporation which
is owned by a holding company or is a wholly-owned subsidiary of another
corporation, a background biography and fingerprint card must be submitted for
each of the three principal officers of the holding company or parent
corporation.

1. The Board may grant a license to a
corporation without a qualifying agent if the corporation:

(a) Complies with all other statutory and
regulatory prerequisites for the license;

(b) Agrees to file an application for a qualifying
agent within 6 months after the date the Board approves the application; and

(c) Agrees not to engage in the occupation for
which it is licensed until the application for a qualifying agent is approved
by the Board.

2. If a corporation is granted a license
pursuant to subsection 1 and fails to comply with any provision of subsection
1, the license is automatically forfeited and the Board will rescind its
approval and reject the application.

3. If the Board rescinds its approval
pursuant to this section, the Executive Director shall demand the return of the
license, and the licensee shall return it as soon as practicable.

(Added to NAC by Priv. Investigator’s Lic. Bd., eff. 4-22-93)

NAC 648.250Corporations: Contracts of employment. (NRS 648.030)A
corporation which submits an application for qualification of an agent shall
include with the application a copy of the employment contract between the
corporation and the agent. The contract must set forth the agent’s
responsibilities, duties and authority in detail.

1. A person who holds a license may change
his or her status to that of a qualifying agent for a corporate licensee
without taking the written examination, if the transfer is within the same
category of license. The Board may require a background investigation of any
person whose status has changed pursuant to this section if:

(a) The most recent background investigation was
completed more than 18 months before the change in status; or

(b) There has been any complaint filed against the
person with the Board.

2. If a person who is applying for a license
for himself or herself previously held a license in the same category and
surrendered it to become a qualifying agent for a corporation, the Board may
require a background investigation if:

(a) The most recent background investigation was
completed more than 18 months before the person applied for the license for
himself or herself; or

(b) There has been any complaint filed against the
person with the Board.

1. After August 15, 1981, the Board will not
approve any application by a person to become a qualifying agent in the same
category of license for more than one corporation. Any person whom the Board
has approved before that date as a qualifying agent for two or more corporations
may continue to serve each such corporation so long as the person does not
terminate affiliation with it.

2. Any person who holds a license issued by
the Board must surrender that license for cancellation or to be held in
abeyance before the Board will approve the person’s application to become a
qualifying agent for a corporate license in the same category of license.

3. Any person who has been issued an
identification card as the qualifying agent for a corporate licensee must
surrender that card to the Board for destruction before the Board will approve
the person’s application for a license for himself or herself or return the
person’s license held in abeyance.

NAC 648.270Partnerships. (NRS 648.030)Each
person who is a partner in a business whose activities are required to be
licensed by chapter 648 of NRS must be
licensed pursuant to the provisions of that chapter.

(a) Has been licensed and is in good standing in
another state or a territory of the United States;

(b) Has begun activities for a client in a
particular case in that jurisdiction; and

(c) Needs to continue the activities of that case
in Nevada,

Ê may apply to
the Executive Director of the Board for authorization to work on that case in
Nevada. A licensee of the Board in the appropriate category must agree with the
applicant to oversee the applicant’s work in this State and to obligate the
licensee’s insurance for protection against liability to third persons to cover
the applicant’s activities in this State.

2. The application must include:

(a) Evidence of the applicant’s license and good
standing in the other jurisdiction;

(b) A brief description of the type of work the
applicant intends to do in this State;

(c) An estimate of the time necessary to accomplish
the work; and

(d) A copy of an independent contractor agreement
between the applicant and a licensee of the Board in the appropriate category.

3. If the application is in order, the
Executive Director may authorize the described work for an appropriate period.

4. In the absence of special circumstances,
repeated applications made pursuant to this section constitute a cause for
denial of the application.

5. The Executive Director shall provide a
quarterly report to the Board indicating the number of applications approved
pursuant to this section.

NAC 648.290Record of criminal history. (NRS 648.030)In order
to obtain a license, an applicant must sign a form prescribed and furnished by
the Board which authorizes the Board to obtain a record of the criminal history
of the applicant from an agency of criminal justice as defined in NRS 179A.030. The applicant’s
refusal to make this record available to the Board in the manner prescribed
constitutes grounds for the denial of a license pursuant to NRS 648.100.

1. The Board will prepare examinations and
may designate one or more police officers or other law enforcement officials to
administer them.

2. Examinations will be given in January,
April, July and October of each year.

3. The Executive Director shall fix the
time, date and place for each examination.

4. Except as otherwise provided in
subsection 5, examinations will be administered simultaneously to all
applicants whether or not the examinations are being given at one location or
more than one location.

5. Field examinations for licensing as
canine security handlers and trainers will not be administered at the same time
as written examinations are being given.

1. Except as otherwise provided pursuant to NAC 648.235, if the Board has approved an application
for a license and has directed that the license be issued subject to compliance
by the applicant with all statutory and regulatory prerequisites for the
license, the applicant must comply within 90 days after the date on which the
Board approved the application.

2. If the applicant fails to comply within
90 days, the Board may rescind its approval and reject the application unless
the applicant has shown good cause for the delay.

3. If the Board rescinds its approval
pursuant to this section, the Executive Director shall demand the return of the
license, and the licensee shall return it as soon as practicable.

[Priv. Investigator’s Lic. Bd., § 29, eff. 7-2-75]—(NAC
A 4-22-93)

NAC 648.325Insurance required for all services provided under license. (NRS 648.030, 648.135)A
licensee must be properly insured pursuant to NRS 648.135 for all services
provided under his or her license.

NAC 648.330Holding of license in abeyance; investigation of certain
licensees who voluntarily place license in abeyance before return of license to
licensee. (NRS
648.030, 648.120)

1. If a licensee or an applicant is or
becomes employed as a peace officer, as defined in NRS 169.125, or by a federal, state
or local law enforcement agency, or in a position which makes him or her
eligible to contribute to any public employees’ retirement system and the Board
finds that his or her private activities as a licensee create or would tend to
create:

(a) A conflict of interest with his or her
responsibilities to the public employer and his or her duty to discharge them;
or

(b) The possibility of a use of his or her position
with the public employer for personal advantage in the private activities,

Ê the Board
will hold his or her license in abeyance for as long as he or she continues to
have those responsibilities or serve in that position. Except as otherwise
provided in subsection 2, a licensee may not engage in licensed activities
while his or her license is being held in abeyance.

2. Except as otherwise provided in this
subsection, a licensee who is the qualifying agent for a corporate licensee
pursuant to chapter 648 of NRS may
have his or her license placed in abeyance as long as he or she refrains from
engaging in licensed activities independent of his or her status as a
qualifying agent. A licensee who became a qualifying agent before January 1,
1985, may have the license that is in the same category as his or her status as
a qualifying agent placed in abeyance for as long as he or she retains such
status. If the Board finds that a licensee’s status as a qualifying agent
creates or would tend to create:

(a) A conflict of interest with his or her
responsibilities to the public employer and his or her duty to discharge them;
or

(b) The possibility of a use of his or her position
with the public employer for personal advantage in the private activities,

Ê the licensee
may no longer act as a qualifying agent for the corporation.

3. A licensee whose license is held in
abeyance pursuant to subsection 1 or 2, must surrender the license to the
Executive Director of the Board. If the provisions of subsection 1 or 2 no
longer require that a license be held in abeyance, the Executive Director shall
return the license to the former holder. The Executive Director may consult
with the Board before making this determination.

4. If a licensee who is not in the situation
described in subsection 1 or 2 wishes to have his or her license held in
abeyance, he or she may voluntarily surrender the license to the Executive
Director, who will hold it in abeyance for any period specified by the
requester, not exceeding 3 years. The Board may, upon request, grant an
extension of the 3-year period if it finds that good cause warrants the
extension. The Board will conduct an investigation of each licensee who, at the
time he or she requests the return of the license held in abeyance pursuant to
this subsection:

(a) Is not a qualifying agent of a corporation
licensed by the Board;

(b) Is not working pursuant to any other license
issued to him or her by the Board; or

(c) Is not employed as a peace officer, as defined
in NRS 169.125, or by a federal,
state or local law enforcement agency, or in a position which makes him or her
eligible to contribute to any public employees’ retirement system and the Board
believes that his or her private activities as a licensee create or would tend
to create:

(1) A conflict of interest with his or her
responsibilities to the public employer and his or her duty to discharge them;
or

(2) The possibility of a use of his or her
position with the public employer for personal advantage in the private
activities.

Ê The Board
will, upon completion of its investigation, notify the licensee whether the
license will be returned.

5. The Board will not hold the license of an
intern in abeyance.

6. A license which is being held in abeyance
pursuant to this section must be renewed in accordance with the provisions for
such licenses set forth in chapter 648
of NRS.

1. The Board will interpret the word “person,”
as used in subsection 2 of NRS
648.060, to include a person who:

(a) Is employed by a licensee on a temporary basis;
or

(b) Performs clerical or administrative services as
an employee of a licensee.

Ê The term does
not include a licensee.

2. The Board will interpret the term
“nonlicensed person,” as used in subsection 3 of NRS 648.060, to include a person
who:

(a) Is employed by a licensee on a temporary basis;
or

(b) Performs clerical or administrative services as
an employee of a licensee.

3. It is unprofessional conduct for a
licensee to evade the requirements of NRS
648.060, as interpreted by this section, by falsely representing that an
employee of the licensee is an independent contractor.

NAC 648.336Determination of who is “bona fide employee” for purposes of NRS 648.140. (NRS 648.030, 648.140)For the
purposes of NRS 648.140, an
employee of a licensee shall be deemed to be a “bona fide employee” if:

1. The Board makes a determination that the
employee is subject to the control of the licensee with regard to the
performance of services;

3. The licensee is required to file reports
with the Employment Security Division of the Department of Employment, Training
and Rehabilitation and its insurer who provides industrial insurance concerning
the payment of compensation to the employee. As used in this subsection,
“insurer” has the meaning ascribed to it in NRS 616A.270.

(c) In a position which makes the unlicensed person
eligible to contribute to any public employees’ retirement system.

2. Upon receipt of a written request for
exemption, the Board may grant an exemption from the prohibitions set forth in
subsection 1 if the Board finds that the private activities of the unlicensed
person on behalf of the licensee would not create or tend to create:

(a) A conflict of interest with his or her
responsibilities to the public employer and his or her duty to discharge them;
or

(b) The possibility of a use of his or her position
with the public employer for personal advantage in his or her private
activities.

1. A licensee shall not employ a person
unless the person employed by the licensee is provisionally registered or
registered. A licensee shall immediately terminate the employment of a person
employed by a licensee if the Board notifies the licensee that the Board has
denied, suspended or revoked the provisional registration or registration of
the person.

2. If a person applies for employment with a
licensee, the licensee or a designated employee of the licensee shall review
the system of records maintained by the Board pursuant to NAC 648.3435 to determine whether the person is
registered, is provisionally registered or has had his or her registration or
provisional registration denied, suspended or revoked.

3. If a licensee determines that the person
is not registered or provisionally registered, and is not subject to denial,
suspension or revocation, the licensee must instruct the person to:

(a) Complete the application for registration;

(b) Obtain two complete sets of fingerprints or
provide a receipt for electronic submission of fingerprints to the Board;

(c) Pay all applicable fees; and

(d) Unless otherwise instructed by the Board,
submit the application for registration to the Board.

4. If a licensee determines that the
provisional registration or registration of a person who applies for employment
with the licensee has been denied, suspended or revoked by the Board, the
licensee shall notify the applicant that he or she must contact the Board to
obtain information concerning the denial, suspension or revocation.

5. Each licensee shall maintain a
passport-size photograph of each person employed by the licensee. The licensee
shall retain the photograph for not less than 5 years after the last date on
which the person is employed by the licensee. The photograph may be in the form
of a photograph or may be digitally stored, but the photograph must be capable
of being reproduced and available at the request of the Board.

6. Any person who violates the provisions of
this section is subject to disciplinary action by the Board.

7. A licensee shall maintain written
documentation establishing that the licensee received an application from each
applicant for employment before accessing the Internet website established
pursuant to NAC 648.3435 for at least 4 years
after the date of receipt of the application.

8. The Board will interpret “employed by” as
used in this section and NRS 648.060
to include a person who performs the same duties as an employee.

(Added to NAC by Priv. Investigator’s Lic. Bd. by R109-09,
eff. 10-15-2010; A by R047-12, 10-23-2013)

1. The Board will review each application
for registration for completeness.

2. The Board will conduct an investigation
of the applicant to determine whether the applicant is eligible to be or
continue to be an employee of a licensee.

3. The Board may deny an application for
registration within 90 days after receipt of the complete application for any
reasonable cause.

4. The Board will deny an application for
registration if the applicant has been convicted of a felony or a crime
involving moral turpitude or the illegal use or possession of a dangerous
weapon.

5. If the Board denies an application for
registration, the Board shall provide notice of the denial to the applicant and
the applicant’s employer. The notice to the applicant must include notice of
the right of the applicant to appeal the decision to the Board.

6. If the Board denies an application, the
applicant may appeal the denial by filing a request for appeal with the Board
not later than 30 days after the applicant receives notice of the denial. If
the applicant does not request an appeal, the decision of the Board to deny the
application is deemed final.

7. If the Board approves the registration of
an applicant, the applicant is eligible for employment with a licensee unless
the applicant’s registration expires, is suspended or is revoked.

NAC 648.3395Application for registration: Confidentiality. (NRS 648.030, 648.140, 648.1495)An
application for registration is confidential. A licensee or any employee of a
licensee shall not access or use any information contained in an application
for any purpose unless:

NAC 648.342Examination: Scope. (NRS 648.030, 648.140)The
examination provided by the Board and administered by the licensee must be
designed to ensure that each registered employee has a familiarity with and a
thorough understanding of core topics, and must include, without limitation:

NAC 648.343Date of examination of employee to be recorded on Internet
website for system of records; duties of licensee; proof that employee passed
examination. (NRS
648.030, 648.140)

1. A private patrol officer or security
guard licensed by the Board who administers an examination provided by the
Board to an unlicensed person shall record the date of the examination on the
unlicensed person’s record on the Internet website established pursuant to NAC 648.3435 within 5 business days after the date of
the examination.

2. The licensee shall keep a copy of the
results of the examination on file for 60 months after the date of the
examination. The Board may audit the records of the licensee. The licensee
shall notify the Board through the Internet website established pursuant to NAC 648.3435 within 10 days after the licensee
terminates the employment of an unlicensed employee.

3. As proof that an unlicensed employee has
passed the examination with a score of 100 percent, a licensee may accept a
card issued for that purpose by the Board to the unlicensed employee which
contains the results of the examination or verify the examination through the
Internet website established pursuant to NAC 648.3435.

NAC 648.3435Internet website for system of records regarding certain persons;
confidentiality of information contained in system of records. (NRS 648.030, 648.140, 648.1495)

1. The Board will establish and maintain an
Internet website that contains a system of records which:

(a) Contains information regarding:

(1) Each person who is registered with the
Board, including, without limitation, the contact information of the licensee
who employs the person; and

(2) Each person who has applied for
registration with the Board, including, without limitation, the contact
information of the person; and

(b) Identifies each person whose registration is
expired, is denied by the Board, or is otherwise suspended or revoked.

2. The portion of the Internet website that
contains the system of records may only be accessed in the manner authorized by
this section and NAC 648.3385.

3. Before a licensee grants any employee
access to the portion of the Internet website that contains the system of
records maintained by the Board, the licensee shall provide the Board with the
name, social security number and date of birth of the employee.

4. Upon the termination of employment of the
employee or the reassignment of the employee to a position that no longer
requires the employee to access the portion of the Internet website that
contains the system of records, the licensee shall immediately notify the Board
of the termination or reassignment.

5. Except as otherwise provided in this
section and NAC 648.3385, the information
contained in the system of records is confidential and must not be disclosed by
any licensee or employee of a licensee.

(Added to NAC by Priv. Investigator’s Lic. Bd. by R109-09,
eff. 10-15-2010; A by R047-12, 10-23-2013)

1. If a person who is registered becomes
employed by another or additional licensee, the new employer shall file a
change of employment notice with the Board by entering the information required
by the Board into the system of records contained on the Internet website
established pursuant to NAC 648.3435 not later
than 5 business days after the employee becomes employed with the new employer.

2. A person is deemed provisionally
registered as an employee upon the filing of a change of employment notice in
accordance with subsection 1. The provisional registration is valid for 90 days
after the provisional registration is issued by the Board, unless the Board
denies, suspends or revokes the provisional registration.

3. The filing of the change of employment
notice does not affect the date on which the registration of the employee
expires.

1. The Board may suspend a provisional
registration issued pursuant to NRS
648.1495 if the Board determines that:

(a) The application for the provisional
registration is not complete; or

(b) The fingerprints submitted by the applicant are
illegible or unclassifiable.

2. If the Board suspends a provisional
registration pursuant to subsection 1, the Board shall notify the applicant and
his or her employer of the suspension. The applicant shall not work as an
employee of a licensee until the Board reinstates the provisional registration.

3. If the Board reinstates the provisional
registration of the applicant, the period during which the provisional
registration was suspended pursuant to this section must not be included in the
90 days during which the Board may deny the provisional registration pursuant
to NAC 648.339.

1. Except as otherwise provided in
subsection 2, an applicant whose registration has been denied, suspended or
revoked by the Board may not reapply for registration earlier than 1 year after
the date of the final decision of the Board to deny, suspend or revoke the
registration of the applicant.

2. An applicant whose registration has been
denied, suspended or revoked by the Board on two or more occasions may not
reapply for registration earlier than 5 years after the date of the most recent
decision of the Board to deny, suspend or revoke the registration of the
applicant.

1. A licensee or an employee who is
registered pursuant to NRS 648.1493
may not carry any firearm while performing the duties for the type of business
for which he or she is licensed or employed unless the licensee or employee:

(a) Is certified by the Board as a firearms
instructor pursuant to subsection 2; or

(b) Has successfully completed and received
certification from a course of training approved by the Board in carrying,
handling and using firearms safely.

2. The Board may certify a person who meets
the requirements of subsection 1 of NRS
648.110 as a firearms instructor in carrying, handling and using firearms
safely if the applicant:

(a) Is at least 21 years of age.

(b) Has not been convicted of a felony or any crime
involving the illegal use or possession of a firearm.

(c) Submits a completed application with proof
satisfactory to the Board of the applicant’s qualifications and experience and
pays a fee of $100. The application must include:

(1) A detailed statement of the applicant’s
qualifications and experience in carrying, handling and using firearms.

(2) A detailed statement of the applicant’s
qualifications and experience in providing instruction to other persons in
carrying, handling and using firearms safely, including, without limitation,
the applicant’s experience in providing instruction to peace officers, security
officers or military personnel in carrying, handling and using firearms safely.

(3) Evidence of the applicant’s successful
completion of at least 40 hours of training on the instruction of peace
officers, security officers or military personnel in carrying, handling and
using firearms safely, and evidence of the applicant’s certification as an
instructor for peace officers, security officers or military personnel for each
type of firearm for which the applicant wishes to provide such instruction.

(d) Successfully passes a written examination for
firearms instructors, which must include, without limitation, questions
relating to:

(1) The applicable federal and state laws and
regulations, local government ordinances and court decisions related to
carrying, handling and using firearms and the use of deadly force.

(2) The requirements of this chapter and chapter 648 of NRS and any administrative
requirements.

(3) The civil and criminal liability related
to carrying, handling and using firearms and the use of deadly force.

(4) The process for conducting and the
contents of the minimum curriculum for a course of training in carrying,
handling and using firearms safely pursuant to NAC
648.346.

(1) Demonstrating each of the skills required
by the minimum curriculum for a course of training in carrying, handling and
using firearms safely pursuant to NAC 648.346.

(2) Qualifying with the course of fire
established by the Board pursuant to NAC 648.346
with a minimum score of 275 out of 300 on a full-size B27-type target for each
type of firearm for which the applicant wishes to provide such instruction.

(3) Demonstrating knowledge of the minimum
curriculum for a course of training in carrying, handling and using firearms
safely pursuant to NAC 648.346 by successfully
teaching any section of the course with not more than 15 minutes of notice from
an instructor designated by the Board.

Ê At any time
during the live fire skills test, an instructor designated by the Board may
prohibit an applicant from proceeding because the applicant has demonstrated a
skill deficiency or has committed a safety violation.

3. To renew the applicant’s certification as
a firearms instructor, the applicant must:

(a) Submit an application for renewal to the Board
on or before July 1 next following the date the certificate was issued or last
renewed;

(b) Submit proof satisfactory to the Board of the
completion of at least 8 hours of education or training on the subjects
described in NAC 648.346 within the previous 12
months; and

(c) Pay a fee to the Board of $100.

4. As evidence of a person’s certification
as a firearms instructor or renewal thereof, the Board will issue to the person
a certification card which he or she shall carry on his or her person.

1. Except as otherwise provided in
subsection 5, the minimum curriculum for a course of training in carrying,
handling and using firearms safely that is taught for the purposes of NRS 648.030 must include
instruction designed to teach:

(a) The legal and civil responsibilities of
carrying, handling and using a firearm, including:

(1) The applicable federal and state laws and
regulations and local governmental ordinances related to carrying, handling and
using firearms and the use of deadly force.

(2) The civil and criminal liability related
to carrying, handling and using firearms and the use of deadly force.

(3) The consequences and risks related to
carrying, handling and using firearms and the use of deadly force.

(4) The elements of self-defense, using a
weapon in self-defense and the use of force.

(5) Recent court decisions related to
carrying, handling and using firearms and the use of deadly force.

(b) The terminology related to and the maintenance
of different types of firearms and their related systems, including:

(1) The operational and mechanical systems and
parts of a firearm and the related terminology.

(2) The types of ammunition and their
ballistic properties and effective uses.

(3) The inspection, storage and general care
of ammunition.

(4) The inspection, care, cleaning and
maintenance of a firearm.

(c) Carrying, handling and using a firearm safely,
including:

(1) The safe handling, use and storage of
firearms when off duty.

(2) The safe transportation of a firearm.

(3) The appropriate methods of safely carrying
a firearm while on duty.

(4) Safety and accessory equipment available
to carry, handle and use a firearm safely.

(d) The fundamentals of safe handling and shooting
of firearms, including:

(1) The fundamentals of operating a handgun.

(2) The general differences among handguns.

(3) The proper procedures and devices for
loading, unloading and reloading a firearm.

(4) The fundamentals of shooting, such as the
use of sights, sight picture and alignment, control of the trigger, breathing
and firing in a single or double action.

(5) Proper techniques for gripping a handgun
and shooting positions.

(6) Procedures for drawing and reholstering a
firearm and techniques for retaining a firearm.

(7) The various positions for shooting when
standing or kneeling.

(8) The use of barricades or other forms of
cover and alternate shooting positions.

(e) The preparation for shooting at a firing range,
including:

(1) The location of the range.

(2) The equipment to be used at the range.

(3) The course of fire.

(4) Targets to be used.

(5) Commands at the range.

(6) Safety and etiquette at the range.

(f) Exercises to be used at a firing range and the
practical use of a firearm at the firing range, including:

(1) The review of safety procedures and
etiquette at the firing range and a safety inspection of all firearms, holsters
and accessories.

(2) Practicing drawing and holstering.

(3) Dry firing, the manipulation of the
trigger and follow through.

(4) The procedures for loading, unloading and
reloading.

(5) Exercises for firing with live ammunition
to practice proper shooting techniques while firing at targets with a firearm
of the same type and caliber as the firearm the person will use while on duty.

(6) Qualifying with a course of fire
established by the Board, using a firearm of the same type and caliber as the
firearm the person will use while on duty. The course of fire must require
firing at least 30 rounds of live ammunition with a passing score of 75
percent, and must include drawing and:

(I) Shooting 5 rounds of ammunition from
a distance of 3 yards in 15 seconds using only the dominant hand;

(II) Transferring the firearm to the
support hand and shooting 5 rounds of ammunition from a distance of 3 yards in
15 seconds using only the support hand;

(III) Shooting 5 rounds of ammunition
while standing, reloading the firearm and shooting 5 rounds of ammunition while
kneeling, from a distance of 7 yards in 30 seconds; and

(IV) Shooting 5 rounds of ammunition
while standing, reloading the firearm and shooting 5 rounds of ammunition while
kneeling, from a distance of 15 yards in 30 seconds,

Ê on a
full-size B27-type target. The scoring areas on the target are the “X” in the
center of the target, which receives a score of 10, and the 10, 9, 8 and 7
rings. Any hits outside of such areas do not receive a score.

2. Except as otherwise provided in
subsection 5, the course must consist of:

(a) Eight hours of training and instruction on
carrying, handling and using a firearm safely, including the completion of a
written examination designated by the Board, with a passing score of 75
percent.

(b) A minimum of 5 hours of instruction and
training on a firing range during which each person must qualify using a
firearm of the same type and caliber as the firearm the person will use while
on duty.

3. The course must be completed within a
period of 14 days. Each day of the course must consist of a number of contact
hours of training. Not more than 9 contact hours of training may occur on any
day.

4. If a person fails to complete the written
examination with a passing score of 75 percent as specified in paragraph (a) of
subsection 2 or to qualify using a firearm of the same type and caliber as the
firearm the person will use while on duty as specified in subparagraph (6) of
paragraph (f) of subsection 1:

(a) Except as otherwise provided in paragraph (b),
the person must repeat the course in full before retaking the written
examination and firearm qualification.

(b) At the discretion of the instructor, for good
cause shown, the person may retake the written examination and the firearm
qualification without repeating the course in full if the person completes such
remedial training as the instructor determines is appropriate, taking into
account the person’s performance on the previous written examination and
firearm qualification. The instructor may charge an additional fee for the
remedial training.

5. If a firearms instructor is unable to
provide a course which meets the requirements of this section because he or she
provides security on a military installation and has no other reasonable means
to provide the training and qualification required for such a course, he or she
may submit a written request to the Executive Director asking for an exemption
from those requirements and permission to offer a course with substitute
training and qualification for persons employed on that military installation.
When requesting an exemption pursuant to this subsection, the firearms
instructor must provide:

(a) Proof of his or her inability to provide a
course which meets the requirements of this section and to make reasonable
accommodations to provide the training and qualification required for such a
course; and

(b) A copy of the proposed substitute training and
qualification and a signed affirmation, on a form provided by the Board,
acknowledging that any person who successfully completes the course is required
to sign a form pursuant to subsection 6.

Ê The Executive
Director may, in his or her discretion and on a case-by-case basis, grant an
exemption pursuant to this subsection after taking into consideration the
totality of the circumstances.

6. Before a person who successfully
completes a course pursuant to subsection 5 may carry a firearm on the military
installation on which he or she is employed, the person must sign an
affirmation, on a form provided by the Board, acknowledging that:

(a) He or she is only authorized to carry a firearm
of the same type and caliber that he or she is qualified to carry and only on
the military installation where he or she is employed; and

(b) The certification card issued to the person
pursuant to NAC 648.350 will be confiscated upon
termination of his or her employment on the military installation.

7. As used in this section, “contact hour”
means 50 minutes of instruction in a period of 60 minutes.

NAC 648.348Course of training: Compliance with established curriculum;
failure to comply; request for exemption to conduct course outside this State. (NRS 648.030)

1. A person who is certified as a firearms
instructor by the Board shall not conduct a course of training in carrying,
handling and using firearms safely for the purposes of NRS 648.030 unless the course
follows the curriculum established in NAC 648.346.

2. A person who fails to comply with
subsection 1 is subject to:

(a) The issuance of a letter by the Executive
Director that requires the person to cease and desist conducting the course of
training;

(b) Disciplinary action, which may include, without
limitation, probation, suspension or revocation of his or her certification; or

(c) A fine for the cost of any investigation into
the person’s failure to comply with that subsection.

3. Except as otherwise provided in this
subsection, all courses of training must take place within this State. The
Executive Director may, upon receipt of a written request by a firearms
instructor, grant an exemption and authorize the instructor to conduct a course
of training outside this State. As a condition of the Executive Director
granting such an exemption and in order to ensure that any such course complies
with the laws of this State, the instructor shall agree to reimburse the Board
for any fees and costs relating to the auditing of the course, including,
without limitation, investigative fees and traveling and lodging expenses for
any investigator involved in auditing the course. Any course of training that
occurs outside this State cannot be combined or taught simultaneously with any
other course of training.

NAC 648.350Course of training: Certification of successful completion and
qualification with firearm; issuance of certification card; maintenance of
certification; repetition of course and request for exemption by certain
persons; fees; duties of certified person. (NRS 648.030)

1. To certify a person’s successful
completion of the course of training in carrying, handling and using firearms
safely, and his or her successful qualification with a firearm, a firearms
instructor shall, within 5 days of the person’s successful completion of the
course of training and on a form provided by the Board, submit to the Board the
person’s name and registration number, the time, date and location of the
course of training, and the certifications and qualifications that the person
obtained.

2. After receipt of the information
submitted pursuant to subsection 1, the Board will:

(a) Issue to a person who has successfully
completed the course of training a plastic certification card which contains
the name, photograph and registration number of the person, the expiration date
of the person’s certification and the designated qualification months
established for that person pursuant to subsection 3; and

(b) Maintain an electronic record for each person
who has been issued a certification card pursuant to paragraph (a) that
indicates whether the person’s card is valid and lists each type and caliber of
firearm that the person is certified to carry, handle and use.

3. A person who has been certified pursuant to
this section and who wishes to maintain his or her certification must
successfully qualify for certification every 6 months, on any day during his or
her designated qualification months. The designated qualification months are
determined by the month of the person’s initial qualification and will not
change. If, after a person’s initial qualification, the person successfully
qualifies for certification or for a different type or caliber of firearm
during a month that is not one of his or her designated qualification months,
the person must successfully qualify again during his or her next designated
qualification month, even if the period between such qualifications is less
than 6 months. The qualification cycle will be as follows:

Initial course monthDesignated
qualification months

January or July January
and July

February or August February
and August

March or September March
and September

April or October April
and October

May or November May
and November

June or December June
and December

4. The certification card issued pursuant to
subsection 2 is valid for 5 years if the person successfully qualifies every
year during each of his or her designated qualification months on a course of
fire that is given by a certified firearms instructor and is approved by the
Board. If the person fails to qualify during any of his or her designated
qualification months, the card becomes invalid and the person shall not use a
firearm in the course of employment until he or she successfully qualifies.

5. Except as otherwise provided in this
subsection, if a person fails to qualify for at least 2 successive designated
qualification months or his or her certification card expires, he or she must
repeat the course of training. If a person fails to qualify during at least 2
successive designated qualification months or his or her certification card
expires because he or she is deployed on full-time active duty in the Armed
Forces of the United States, the person may request an exemption from repeating
the course of training by submitting a written request along with official
documentation of such deployment to the Executive Director. The Executive
Director may, in his or her discretion and on a case-by-case basis, grant an
exemption pursuant to this subsection after taking into consideration the
totality of the circumstances.

6. To cover the Board’s administrative costs
related to the certification and qualification of a person by a certified
firearms instructor, the instructor shall remit to the Board $25 for each certification
card issued by the Board pursuant to this section and $5 for each qualification
of a person pursuant to subsection 3. If a person’s certification card is lost
or stolen, the person must remit to the Board $25 to obtain a replacement card.

7. The person to whom the certification card
is issued shall:

(a) Have it in his or her possession while carrying
a firearm in the performance of his or her duties;

(b) Produce it upon the request of any peace
officer or a representative of the Board; and

(c) Not carry or possess a firearm in the
performance of his or her duties unless the certification card is valid.

(a) On forms provided by the Board, keep written
records of the training and qualifications of every person who takes the
firearms instructor’s course;

(b) Make the records available for inspection by
the Board or its authorized agent;

(c) Maintain copies of the records for 7 years
after the date of the course;

(d) Upon request, provide a copy of the records to
the Board;

(e) Upon request, provide information concerning
the location of the firearms instructor’s classroom and firing range, the dates
and times of the instruction and the maximum number of persons enrolled per
class;

(f) Maintain all applicable state, county and local
business licenses and permits as required by any law, regulation or local
government ordinance of this State; and

(g) Maintain a policy of workers’ compensation
insurance as required by law.

2. To ensure compliance with applicable
statutes and regulations, a firearms instructor shall provide to an employee,
agent or representative of the Board, upon request, during normal business
hours:

(a) Access to the firearms instructor’s classroom
and the firing range during his or her instruction;

(b) Access to the materials he or she uses to teach
the course;

(c) A list of the names of all persons enrolled in
the course;

(d) A list of the names of all instructors, safety
officers and support personnel assisting with the course; and

(e) A copy of each person’s written examination,
which indicates the results of the examination, and a completed skill sheet for
each person enrolled in the class.

NAC 648.360Approved instruments. (NRS 648.030, 648.185)Analog
or computerized polygraphic instruments produced by the following
manufacturers, when adjusted properly, are approved for use in conducting
polygraphic examinations:

1. An applicant for licensure as an intern in
polygraphic examination must submit to the Board the name of the examiner who
has agreed to supervise the applicant’s activities during the internship.

2. The supervising examiner must be a
person:

(a) Who is licensed or certified by the Board as a
polygraphic examiner; and

(b) Whom the Board determines, after considering
the examiner’s other responsibilities and his or her proximity to the intern,
to be able to provide adequate supervision of the intern’s polygraphic
activities.

1. Each supervising examiner shall prepare
and submit to the Board quarterly reports of the progress of the intern during
the first year of the internship. The quarterly reports must be made on a form
provided by the Board. Each quarterly report must be delivered to the Executive
Director no later than 2 weeks before the regularly scheduled meeting of the
Board for the quarter in which the report is due.

2. If the Board requests the supervising
examiner to do so, he or she shall submit semiannual reports of the intern’s
progress during the remaining 2 years of the internship.

3. Upon the Board’s request, the supervising
examiner and the intern shall furnish it with charts, logs and other documents
showing the polygraphic examinations performed by the intern. The Board will
maintain in strict confidentiality the identities of the persons examined. All
such documents furnished to the Board will be returned to the supervising
examiner.

1. A supervising examiner shall keep on file
with the Board a current list containing the names of all the interns under his
or her supervision.

2. Either an intern or the intern’s
supervising examiner may terminate their relationship by notifying the Board of
the termination. The supervising examiner shall then prepare a document
containing an evaluation of each phase of the polygraphic activities of the
intern and furnish the document to the succeeding supervising examiner, if any,
and to the Board.

3. Any failure of a supervising examiner to
comply with the provisions in this chapter governing internships constitutes a
ground for the Board to terminate his or her status as a supervising examiner.

NAC 648.390Demonstration of completion of internship. (NRS 648.030, 648.110)An
applicant for a polygraphic examiner’s license who has been conducting
polygraphic examinations in this State under an intern’s license issued by the
Board must demonstrate that he or she has participated in and completed the program
of internship in accordance with NAC 648.370, 648.375 and 648.380.

1. Provide the Board evidence that the
applicant has successfully completed a basic course of instruction in
polygraphic examination which was given by a school certified by the American
Polygraph Association; or

2. Demonstrate to the Board that the
applicant has successfully completed an equivalent course.

1. An applicant who seeks to have the Board
issue him or her a polygraphic examiner’s license on the basis of reciprocity
must designate in the application the primary jurisdiction in which the
applicant has been issued such a license.

2. The application must be accompanied with
evidence that the applicant met the standards and requirements of the primary
jurisdiction. Copies of materials contained in the licensing file of the
primary jurisdiction may be used to satisfy this requirement.

3. In addition, the applicant must:

(a) Demonstrate that the licensing requirements of
the primary jurisdiction at the time the applicant’s license was issued were
equivalent to the licensing requirements in force in this State. The applicant
may so demonstrate by providing the Board with:

(1) All applicable statutes and regulations
regarding the licensing of polygraphic examiners in the primary jurisdiction;
and

(2) Any other information provided by that
jurisdiction concerning its standards for licensing, including its
examinations; and

(b) Unless the Board already has such a letter,
obtain from that jurisdiction a letter stating that persons who are licensed in
Nevada may obtain licenses by reciprocity in that jurisdiction.

4. As used in this section, “primary
jurisdiction” means the jurisdiction in which the applicant:

(a) Obtained such a license by meeting the
jurisdiction’s substantive standards for the licensing and not by means of his
or her prior licensing in some other jurisdiction; and

1. Consider each petition to adopt, amend or
repeal a regulation as follows:

(a) If the petition is filed with the Executive
Director 30 days or more before a regularly scheduled meeting of the Board, the
petition will be considered at that meeting.

(b) If the petition is filed with the Executive
Director less than 30 days before a regularly scheduled meeting of the Board,
the petition will be considered at the second regularly scheduled meeting after
it is filed.

1. An applicant or licensee may petition the
Board for a declaratory order or advisory opinion concerning the interpretation
or applicability of any provision of a statute or regulation or of any decision
of the Board which directly affects the applicant or licensee in conducting
activities required to be licensed by chapter
648 of NRS.

2. The petition must be in writing and
signed by the petitioner.

3. An original and five legible copies of
the petition must be filed with the Executive Director.

4. The petition must be submitted to the
Board at its next regularly scheduled meeting.

5. The Board will issue a declaratory order
or advisory opinion within 30 days after its meeting.

1. A copy of the notice of violation must be
served personally or by certified or registered mail. The original notice must
be filed in the office of the Board.

2. A fine imposed in a notice of violation
must be paid by cashier’s check or money order.

3. The Board may, upon request, arrange a
schedule of payments for the payment of such a fine.

(Added to NAC by Priv. Investigator’s Lic. Bd., eff. 7-7-94)

NAC 648.437Citation: “Reasonable time for abatement of the violation”
interpreted. (NRS
648.030, 648.165)As used
in NRS 648.165, the Board will
interpret “reasonable time for abatement of the violation” to mean not later
than 3 days after the issuance of a citation containing an order of abatement.

1. The Chair, member or hearing officer
appointed to conduct the hearing shall convene it at the time and place
specified in the notice. The presiding officer may continue the hearing without
further notice for good cause.

2. The decision of the Board will be based
exclusively on substantive evidence adduced at the hearing and upon matters
officially noticed.

3. Each board member may use his or her
experience, technical competence and specialized knowledge in the evaluation of
evidence.

4. The presiding officer shall begin the
hearing by reading the complaint and the notice of the hearing into the record.
The hearing will be conducted in the following order unless the Board or
hearing officer, for good cause shown or to prevent manifest injustice, orders
otherwise:

(a) An opening statement may be made on behalf of
the Board.

(b) An opening statement on behalf of the licensee,
which may be made, reserved until the close of the hearing or waived.

(c) Presentation of the Board’s case, followed by
cross-examination.

(d) Presentation of the licensee’s case, followed
by cross-examination.

(e) Rebuttal, limited to issues previously raised.
No new matter may be presented at this time unless the Board so permits for
good cause shown.

(f) Argument on behalf of the Board, which may be
waived.

(g) Argument on behalf of the licensee, which may
be waived.

(h) Submission of the matter for decision.

[Priv. Investigator’s Lic. Bd., part § 28, eff. 7-2-75]

NAC 648.450Disciplinary hearings: Counsel. (NRS 648.030, 648.166, 648.170)A
licensee may be represented at a disciplinary hearing by counsel who is
admitted to practice before the Supreme Court of Nevada or by counsel who is
admitted to practice before the highest court of another state if the counsel
appears in association with counsel admitted to practice before the Supreme
Court of Nevada.

[Priv. Investigator’s Lic. Bd., § 27, eff. 7-2-75]

NAC 648.460Disciplinary hearings: Decision.
(NRS 648.030, 648.166, 648.170)As soon
as practical after a disciplinary hearing, but not more than 45 days after the
hearing, the Board will render a decision consisting of findings of fact,
conclusions of law and the order. A copy of the decision must be served upon
the licensee and upon the licensee’s attorney of record, if any.

1. Place on deposit with a recognized
financial institution insured by the Federal Deposit Insurance Corporation, not
less than $200,000 in cash, a certificate of deposit in the same amount or a
similar deposit which is acceptable to the Board. The licensee must furnish to
the Board evidence of the deposit. No amount of the deposit may be withdrawn unless
the withdrawal is cosigned by an authorized agent of the Board.

2. Be financially responsible for all
wrongful acts alleged against the licensee and his or her employees.

3. Provide the Board with the name of the
licensee’s authorized agent in this State who will accept legal process.

(Added to NAC by Priv. Investigator’s Lic. Bd., eff. 1-27-89)

NAC 648.485Statement of scope of coverage. (NRS 648.030, 648.135)A
licensee who is self-insured shall provide the Board with a statement of the
scope of coverage provided, including any act for which coverage is not
provided.

1. A licensee wishing to qualify as a
self-insured licensee must submit an application to the Board. The application
must be signed by the licensee or, if the licensee is a corporation, by an
officer of the corporation.

2. An application must include:

(a) An audited financial report of the licensee’s
business covering the 3 years immediately preceding the date of the
application; and

(b) A copy of the licensee’s proposed program of
self-insurance.

3. A program of self-insurance becomes
effective when it is approved by the Board or the Executive Director.

1. If a self-insured licensee becomes
insolvent, the financial institution in which the deposit required by NAC 648.480 is made shall immediately give written
notice to the Board regarding the licensee’s insolvency.

2. Upon receipt of the notice, the Board may
apply to a court of competent jurisdiction to have the deposit held for not
more than 2 years to pay any claims made against the licensee.

3. If a self-insured licensee becomes
insolvent, he or she may, if allowed by the Board, present evidence to the
Board that the licensee’s program of self-insurance should be allowed to
continue. Such evidence must be presented not later than 10 days after the
Board receives notice that the licensee is insolvent.

4. For the purposes of this section, a
licensee is insolvent if:

(a) The amount of the licensee’s deposit is reduced
below $200,000; or

(b) The financial institution in which the deposit
is made has reasonable cause to believe that the deposit will be so reduced.

1. The Board may investigate the background
of any person whom the licensee proposes to appoint as manager of a branch
office of the licensee’s business, before the person assumes the duties of the
position.

2. The manager of a branch office is not
required to obtain a license solely because of his or her employment as
manager.

[Priv. Investigator’s Lic. Bd., eff. 11-12-69]

NAC 648.520Operation of corporation upon death or disability of or cessation
of affiliation with corporation by qualified person. (NRS 648.030)

1. If the person who is affiliated with a
corporation and who possesses the qualifications required for the license
issued to the corporation dies, becomes disabled or ceases to be affiliated
with the corporation, the corporation may continue to conduct its operations,
but not for more than 120 days. If after 120 days the corporation has not
affiliated with another qualified person, it shall cease to do business. For
the purposes of this subsection, a person licensed as a qualified agent of a
corporation ceases to be affiliated with it when he or she is no longer
fulfilling his or her obligations under a contract which has been made between him
or her and the corporation and approved pursuant to NAC
648.250.

2. If the corporation has affiliated with
another qualified person, it may continue to do business until the next regularly
scheduled meeting of the Board, at which meeting the Board will approve or
disapprove the affiliation of the qualified person with the corporation. If the
Board does not approve the affiliation of the person, it may permit the
corporation more time in which to affiliate with another qualified person who
holds a license from the Board. The additional time may not extend beyond the
next regularly scheduled meeting of the Board.

NAC 648.525Use of license number in advertisements and written
communications regarding business. (NRS 648.030)

1. In addition to the requirements set forth
in NRS 648.148, a licensee must
include his or her state-issued license number in every advertisement and in
any written communication which refers to the licensee’s business, or his or
her ability to conduct business, in this State.

2. As used in this section, “advertisement”
and “communication” include, without limitation:

1. If an applicant or licensee intends to
use a uniform, badge or patch in connection with licensed activities, the
applicant or licensee must submit with the application or before use of the
uniform, badge or patch a color photograph which accurately depicts the
features of the uniform, badge or patch.

2. A licensee must not use a uniform, badge
or patch in connection with the licensee’s business which is the same as or
deceptively similar to a uniform, badge or patch used by any other licensee or
law enforcement agency in this State.

[Priv. Investigator’s Lic. Bd., § 14, eff. 1-15-74]—(NAC
A 1-27-89)

NAC 648.540Business names. (NRS 648.030)A
licensee may not use any business name, firm name or fictitious name which is
the same as or deceptively similar to the name used by any other licensee or
law enforcement agency in this State.

[Priv. Investigator’s Lic. Bd., § 15, eff. 1-15-74]

NAC 648.545Private investigators: Service of subpoena in conjunction with
ongoing investigation. (NRS 648.030)A
private investigator who holds a license issued pursuant to this chapter and chapter 648 of NRS may serve a subpoena
issued in conjunction with an ongoing investigation that the private
investigator is conducting if he or she does not charge a fee to serve the
subpoena.

1. A person who is not licensed pursuant to chapter 648 of NRS and is not exempt from
the provisions of chapter 648 of NRS
relating to licensure shall not act as a contractor for the purpose of engaging
in any activity regulated by chapter 648
of NRS or submit a bid relating to any such activity.

2. A bid submitted by a person described in
subsection 1 is void. The Board will consider the submission of such a bid as a
violation of NRS 648.060.